F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
July 18, 2005
TENTH CIRCUIT
PATRICK FISHER
Clerk
ANGEL F. SMITH, also known as
Angel F. Miller; EAGLE
INCORPORATED/2 ANGELS,
formerly known as Herb Specialty
Repair, No. 05-6060
(D.C. No. 05-CV-00068-L)
Plaintiffs-Appellants, (W.D. Okla.)
v.
OKLAHOMA DEP’T OF HUMAN
SERVICES; STATE OF
OKLAHOMA; GOVERNOR BRAD
HENRY; MAYOR MICK CORNETT,
Defendants-Appellants.
ORDER AND JUDGMENT *
Before BRISCOE , LUCERO , and MURPHY, Circuit Judges.
Plaintiff Angel Smith, proceeding pro se, appeals the dismissal of her civil
The case is unanimously ordered submitted without oral argument pursuant
*
to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). This order and judgment is
not binding precedent, except under the doctrines of law of the case, res judicata,
and collateral estoppel. The court generally disfavors the citation of orders and
judgments; nevertheless, an order and judgment may be cited under the terms and
conditions of 10th Cir. R. 36.3.
complaint in which she appears to allege retaliation because of her whistle-
blowing activities. After Smith filed an amended complaint generally alleging
that her civil rights were violated, the district court dismissed Smith’s complaint
under 28 U.S.C. § 1915(e)(2). The court found that it lacked jurisdiction over
defendants Department of Human Services and the State of Oklahoma and the two
state officials sued in their official capacities under the Eleventh Amendment.
The district court also determined that Smith had failed to allege any actions
taken by the individual defendants that would state a claim upon which relief
could be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). On careful review of the record,
we agree with the district court. For substantially the same reasons as the district
court, we AFFIRM the dismissal. Smith’s request to proceed in forma pauperis
is GRANTED .
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
-2-